1
t 1

1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS AND

4 Educator License of: ) FINAL ORDER OF SUSPENSION

5 ) AND PROBATION

(73 JAMES DOUGLAS EIDE )

8 On February 19, 2010, the Commission received a report from Portland Public

9 Schools indicating that Eide may have engaged in conduct constituting Gross Neglect of
1 O Duty.
1 1 After review of the matters alleged, Eide and the Commission agree that their
12 respective interests, together with the public interest, are best served by a stipulation to
13 certain facts and a six-month suspension of Eide’s teaching license in the State of
14 Oregon, plus a 4 year period of probation and boundaries training.
15 By signing below, Eide acknowledges, understands, stipulates, and agrees to the
16 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
1 7 ﬁndings of fact, conclusions of law, and order set forth below, and fully and ﬁnally
18 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of
19 Facts and Final Order of Suspension (Stipulation and Final Order); (ii) this Stipulation
20 and Final Order is a public document and disclosed to the public upon request by the
21 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to
22 approval and adoption by the Commission. If the Commission does not approve and
23 adopt this Stipulation and Final Order, then neither Eide nor the Commission are bound
24 by the terms herein; (iv) he has fully read this Stipulation and Final Order, and
25 understands it completely; (v) he voluntarily, without any force or duress, enters into
26 this Stipulation and Final Order and consents to issuance and entry of the Stipulated
27 Final Order below; (vi) he states that no promise or representation has been made to
28 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an
29 attorney regarding this Stipulation and Final Order and has been fully advised with
3O regard to his rights thereto, 0r waives any and all rights to consult with an attorney prior
31 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated
32 Final Order below.
33 STIPULATION OF FACTS
34 1. Eide has been licensed by the Commission since July 2, 2004. He currently holds an
35 Initial II Teaching License issued January 9, 2008, with endorsements in Multiple
36 Subjects (MIDLV'L) and Music (ML/HS), which was scheduled to expire on January

Page 1 STIPULATION OF FACTS AND ORDER OF SUSPENSION AND PROBATION

1 8, 2011 but the expiration was pended due to the investigation of these allegations.
2 Eide made timely application for renewal of this license.
3 2. Between November 10, 2009 and January 10, 2010, Eide and a middle school
4 student exchanged over 400 electronic communications including text messages, I
5 instant messaging, and Facebook messages. Many of these communications were I
6 unrelated to school programs or class work, and some were sent after school hours
7 late at night, on weekends and holidays.
8 3. Some of the messages Eide sent to the student included content of an overly personal
9 nature unrelated to school programs or school work, including referring to her as a
10 his chatting buddy; asking her why she was no longer on line; talking to her about
1 1 her relationships with her parents and another male student.
12 4. Eide gave the student a birthday card for her 14ﬂl birthday on or around January 11,
13 2010 with a message that read as follows: “Happy Birthday to my favorite girl ever!
14 I am so proud of you. You have worked so hard this year. You ’re a beautiful girl
15 inside and out. I have always appreciated how sincere and thoughtful you are. I
16 love ya kid! Eide”
1 7
18 IT IS SO STIPULATED:
1 9 0 .
20 A / M
21 J )1, ‘ Date
22 i ' ' - 9
23 ,1}. , /IIAL 11 M
24 'ictoria Cha -- r 1 1a'-,’Executive Director Date
25 Teacher Standards and Practices Commission
I 26 CONCLUSIONS 0F LAW
27 1. By engaging in the conduct in paragraph 2, Eide committed Gross Neglect of
28 Duty in violation of ORS 342.175(1)(b); OAR 584-02o-oo4o(4)(n) as it
29 incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-
30 0030(b) (Skill in communicating with administrators, students, staff, parents,
31 and other patrons); OAR 584-020-0040(4)(o) as is incorporates OAR 584-020-
32 0035(1)(b) (Refrain from exploiting professional relationships with any student
33 for personal gain, or in support of persons or issues), OAR 584-020-
Page 2 STIPULATION OF FACTS AND ORDER OF SUSPENSION AND PROBATION

1 0035(1)(c)(A) (Not demonstrating or expressing professionally inappropriate

2 interest in a student's personal life), and OAR 584-020-0035(1)(c)(B) (Not

3 accepting or giving or exchanging romantic or overly personal gifts or notes

4 with a student).

5 2. By engaging in the conduct in paragraph 3, Eide committed Gross Neglect of

6 Duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it

7 incorporates OAR 584-020-0010(5) (Use professional judgment); OAR 584-

8 o20-oo40(4)(o) as is incorporates OAR 584-020-0035(1)(b) (Refrain from

9 eaqiloiting professional relationships with any student for personal gain, 0r in
1 0 support of persons or issues), OAR 584-020-0035(1)(c)(A) (Not demonstrating
1 1 or expressing professionally inappropriate interest in a student's personal life),
12 and OAR 584-020-0035(1)(c)(B) (Not accepting or giving or exchanging
13 romantic or overly personal gifts or notes with a student).
14 3. By engaging in the conduct in paragraph 4, Eide committed Gross Neglect of
15 Duty in violation of ORS 342.175(1)(b); OAR 584-o2o~004o(4)(n) as it
16 incorporates OAR 584-020-0010(5) (Use professional judgment); OAR 584—
17 ozo-oo4o(4)(o) as is incorporates OAR 584-020-0035(1)(b) (Refrain from
18 exploiting professional relationships with any student for personal gain, or in

I 19 support of persons or issues), OAR 584-020-0035(1)(c)(D) (Honoring
20 appropriate adult boundaries with students in conduct and conversation at all
21 times), and OAR 584-020-0035(1)(c)(A) (Not demonstrating or expressing
22 professionally inappropriate interest in a student's personal life), and OAR 584-
23 020-0035(1)(c)(B) (Not accepting or giving or exchanging romantic or overly
24 personal gifts or notes with a student).
25 4. The Commission's authority t0 impose discipline in this matter is based upon
26 ORS 342.175.
Page 3 STIPULATION OF FACTS AND ORDER 0F SUSPENSION AND PROBATION

1 i
2 ORDER
3 1. Based on the foregoing, the Commission hereby suspends Mr. Eide’s teaching
4 license for six months beginning the date that this order is signed by the
5 Executive Director below.
6 2. As part of any license reinstatement application, Mr. Eide must provide proof of
7 successful completion of a professional boundaries training class approved by the
8 Commission.
9 3. The Commission further places Mr. Eide on probation for a period of 4 years
1O beginning the date that he reinstates his suspended license. During the period of
11 probation, Mr. Eide will follow the standards set by TSPC and state law for
1 2 Oregon.
13 4. Violation of any term or condition of probation shall constitute an independent
14 basis for the Commission to revoke Mr. Eide’s teaching license or otherwise
15 impose discipline, after ﬁrst providing Mr. Eide with notice and opportunity for
1 6 hearing.
17 >14;
18 Issued and dated this L day of November, 2013.
1 9 TEACHER STANDARDS AND PRACTICES COMMISSION
20 STATE 0F OREGON
22 By
23 ona Cham ecutive Director
Page 4 STIPULATION OF FACTS AND ORDER OF SUSPENSION AND PROBATION
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